Trust issues: Couple in dispute over contents and access to estate files

Tanya Lieven allegedly won't let former partner Graeme Grieve near the paperwork and computer that may hold the solutions to their estate issues. Photo / 123RF

A woman has taken her ex to court, claiming hundreds of thousands are missing from accounts they once shared.

But he says he has the paperwork to explain everything - if she’d just let him in the front door.

Tanya Lieven said former partner Graeme Grieve, a trustee of an estate both are involved in, had a duty to maintain the accounts, and believes upwards of $150,000 has gone unaccounted for.

She wants an order made by the court for Grieve to present various documents relating to the management of the accounts.

However, Grieve’s lawyer Dianne Lester said Lieven won’t let her client back into the house they once shared where paperwork and a business computer could hold the answers she’s looking for.

“She’s not letting that happen,” said Lester.

Grieve had been trespassed from the property, a place that may hold the resolution to their dispute.

“I come to the court with this comment ... this proceeding is unusual on one hand the plaintiff wants to get to the bottom of what happened and that’s her right but at the same time she stops, she obstructs the information that gives rise to those questions being answered,” Lester said.

Lester said her client was a bare trustee, a role which means there are no responsibilities to the trust property, unlike a custodian trustee.

However, he still assisted with accounts.

Both Grieve and Lieven are chartered accountants, and Justice Cheryl Gwyn suggested if they worked together, perhaps they could figure out what had gone wrong in the first place.

Lawyer David Heye, representing Lieven in the Wellington High Court today, said he believed Grieve had responsibility and was involved in a number of bank accounts with the trust - some his client couldn’t access.

It was submitted by Grieve that there was no evidence suggesting he hadn’t maintained the accounts, but the lack of information could be remedied if he was given access to the house where the files were.

Lester said her client questioned Lieven’s motives for bringing the issue to court, but Heye said personal clashes shouldn’t obstruct the progress of resolving the trust issues or detract from Grieve’s duty.

“Whether my client is the worst person in the world or not doesn’t dissolve the trustees’ duties,” Heye said.

“I think your honour has correctly identified my client’s affidavit is disjointed but that is because she can’t join the dots, that’s exactly why we’re here.”

The issue had hung over the parties head “for a long time” according to Lester, and without venturing through the “impasse” that is the restriction of documents, progress can’t be made.

Justice Gwyn reserved her decision in the matter and will release her findings at a later stage.